The 2020 General Assembly Adjourns, Sine Die

The KCC Guardian

Lawmakers completed this abbreviated legislative session during the late hours of April 15th, spending most of their time overriding many of Governor Beshear’s vetoes.  The session had been shortened by seven legislative days due to the COVID-19 concerns. The current pandemic also restricted how lawmakers facilitated their deliberations, with most voting remotely and sending comments and questions on bills via text to leadership.

While KCC also respected social distancing during this final week, we continued to engage through monitoring the proceedings on public television and through remote contact with lawmakers.

We were most disappointed to see the final passage of SB2. This is the Voter I.D. bill that requires voters to show their Kentucky-issued photo I.D. or federal government-issued photo I.D. to vote (during a time when all government offices where you obtain such an I.D. are currently closed due to COVID-19). The Governor had vetoed SB2 on April 3rd, but it was one of several bills where the veto was overridden this week by the legislature.

Lawmakers also overrode the Governor’s vetoes on revenue bill HB351, the State/Executive Branch budget bill HB352, Transportation budget bill HB353 and State Road Projects bill HB354.

Meanwhile, the Legislative Branch budget bill HB355 was signed by the Governor, and the Judicial Branch budget bill HB356, had no action taken on the Governor’s line item vetoes and was delivered to the Secretary of State.

One action on the last day of the session was the passage of a Senate Committee Substitute on HB32, (KCC Support) a bill relating to the taxation of tobacco products, which added COVID-19 actions in the substitute, but failed when the House did not concur with Senate changes to the bill. However the legislature did pass a Senate Committee Substitute to a rural hospital operations bill (HB387) which gave Beshear the authority to access restricted funds in order to purchase personal protective equipment.

We saw Senator Wheeler’s black lung fund bill, SB263 (KCC Monitor) delivered to the Governor this week, which sets forth the process to refund excess assessments to employers once the Ky. Employers’ Mutual Insurance Authority determines that the black lung fund is fully funded.  Before its final passage, it included a House floor amendment that would require employers seeking a refund to certify if they are in bankruptcy, and if so, the refund can only be used to pay workers who have unpaid wages. They also cannot receive a refund if the company has an outstanding tax balance or other unpaid public obligations.

We also saw the final passage of SB251 (KCC Oppose), an act related to mining, which would amend KRS 351.010 so that open-pit mines do not include any excavation from refuse fill. The bill was amended this week through  House floor amendment 1, which only exempts the excavation of coal refuse if the fill is already permitted and bonded pursuant to KRS Chapter 350 (the state laws that implement SMCRA) and regulated by the Mine Safety and Health Administration. This would allow for the recovery of coal and other resources from materials formerly considered waste, but are now recoverable. This allows for more efficient use of materials already mined.

Finally, we saw HB570 delivered to the Governor this week, which was an act relating to interlocal cooperation agreements (a collaborative contract between public bodies aiming to provide more efficient, less costly public services). This would give local governments and agencies more authority to make new interlocal agreement agencies, but we believe gives too much authority to these interlocal agencies without adequate oversight. The committee sub removed references to electric and gas in sections of the bill; and specify that interlocal agencies are subject to open meetings and open records law. But the bill still does not allow for judicial review of certain interlocal agreements after they have been approved. This was an issue that raised bi-partisan concerns in the final discussion and passed the Senate by a slim 17-16 vote.

It is now on the Governor’s desk. We recommend that the Governor veto HB570. You may contact the Governor’s office at this link.

Resolutions to acknowledge: Senator Neal presented SR332, a resolution commending Governor Beshear, the Executive Branch, Kentucky Mayors and their administrations, health care workers, grocery store employees, sanitation personnel, court personnel, school district workers, truck drivers and warehouse workers, the entire staff of the Legislative Research Commission, and all other Kentuckians who have courageously served their fellow citizens during the COVID-19 crisis.

We also want to acknowledge a resolution honoring the life of the legendary musician John Prine (SR323). His inspiring story of coal mining in Muhlenberg County through his song, “Paradise,” connected Kentucky to environmentalists nationwide.

Also, on the last day of the session, departing Senators received acknowledgements through the following resolutions: Senator Ernie Harris (SR318), Senator Perry Clark (SR324), Stan Humphries (SR326), and last but not least, one of our great friends of the environment,  Senator Julian Carroll (SR330) for his long career.

We appreciate all of the collective work from #TeamKentucky, and we hope that you will continue to stay #HealthyAtHome as we adjourn the 2020 session, Sine Die. While this chapter is completed, KCC will continue to monitor important issues on your behalf during the Interim session and will be in Frankfort throughout the year. Watch for KCC’s 2020 Legislative Summary and Conservation Issue Brief which will be mailed to all members in good standing in a few weeks (if you have not yet renewed, you can do so at this link).

Be well!